Key Takeaways
- Personal knowledge of the signer is acceptable
- One credible witness personally known to the notary can vouch for the signer
- Two credible witnesses who know the signer can be used
- Credible witnesses must not benefit from the transaction
- Credible witnesses must present acceptable ID
Alternative Identification Methods
When Alternative Methods Apply
Sometimes signers do not have acceptable identification. Nebraska law provides alternative methods to establish identity in these situations.
Method 1: Personal Knowledge
The notary personally knows the signer.
| Requirement | Details |
|---|---|
| Type of knowledge | Through interaction over time |
| Duration | Long enough to establish identity |
| Examples | Family member, long-time friend, regular client |
| Caution | Must be genuine personal knowledge, not casual acquaintance |
Important: "Personal knowledge" means you know the person well enough that you are certain of their identity without needing ID.
Method 2: One Credible Witness
One credible witness who is:
| Requirement | Details |
|---|---|
| Known to notary | Notary personally knows the witness |
| Knows the signer | Witness personally knows the signer |
| Has acceptable ID | Witness must present acceptable ID to notary |
| Unaffected | Witness has no interest in the document/transaction |
| Takes oath | Witness swears to the signer's identity |
Method 3: Two Credible Witnesses
Two credible witnesses who:
| Requirement | Details |
|---|---|
| Know the signer | Both witnesses personally know the signer |
| Have acceptable ID | Both witnesses must present acceptable ID |
| Unaffected | Neither witness has interest in the document/transaction |
| Take oaths | Both witnesses swear to the signer's identity |
Note: With two credible witnesses, the notary does NOT need to personally know the witnesses.
Comparison of Methods
| Method | Notary Knows Signer | Notary Knows Witness | Witness Knows Signer | Witness ID Required |
|---|---|---|---|---|
| Personal knowledge | Yes | N/A | N/A | N/A |
| 1 credible witness | No | Yes | Yes | Yes |
| 2 credible witnesses | No | No | Yes (both) | Yes (both) |
Credible Witness Requirements
A credible witness must:
| Requirement | Reason |
|---|---|
| Be impartial | Cannot benefit from the transaction |
| Not be named in document | Cannot be a party to the document |
| Be a disinterested party | No financial interest |
| Take an oath | Swear to the signer's identity |
| Present acceptable ID | Unless personally known to notary |
Administering the Oath to Credible Witness
Example oath for credible witness:
"Do you solemnly swear (or affirm) that you personally know [signer's name], that you believe [he/she] is the person whose signature is required on this document, and that you have no interest in this transaction?"
On the Exam
- Personal knowledge = Notary personally knows the signer through interaction over time
- 1 credible witness = Known to notary AND knows the signer
- 2 credible witnesses = Both know the signer (notary doesn't need to know them)
- Credible witnesses must be impartial (no interest in transaction)
- Credible witnesses must take an oath and present ID
A signer has no ID but brings one credible witness. What must be true for the notary to proceed?
Two credible witnesses are vouching for a signer's identity. Which statement is true?
Which of the following persons could NOT serve as a credible witness?